Trial Attorney

With an expanded mission and authority including oversight of the swap markets, the CFTC continues to protect the American public by promoting market integrity, transparency and preventing and prosecuting fraud, manipulation and other abuse in the futures and options markets. The CFTC is looking for talented, accomplished, and energetic Trial Attorneys to join forces with our agency to help us maintain the integrity of the Commodity Exchange Act.

Education: Successful completion of a full course of study (JD) and/or LLM, or equivalent, in a school of law accredited by the American Bar Association (ABA).

Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education.

SPECIAL INSTRUCTIONS FOR FOREIGN EDUCATION: If you are using education completed in foreign colleges or universities to meet the qualification requirements, you must show that the education credentials have been evaluated by a private organization that specializes in interpretation of foreign education programs and such education has been deemed equivalent to that gained in an accredited U.S. education program; or full credit has been given for the courses at a U.S. accredited college or university. For further information, visit: http://www.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-forrecog.html

Applicants who have completed part or all of their education outside of the U.S. must have their foreign education evaluated to ensure that the foreign education is comparable to education received in accredited educational institutions in the U.S. This evaluation must be provided by midnight Eastern Time on the closing date of this vacancy announcement. We will only accept the completed foreign education evaluation.

As a Trial Attorney, you may join one of two well-respected Divisions; serving on a team responsible for supporting the Act and Regulations adopted by the Commodity Futures Trading Commission (CFTC). Selections may be made in The Office of General Counsel (OGC) or The Division of Enforcement (DOE).

The Division of Enforcement is responsible for conducting investigations and enforcement activities pursuant to the provisions of the Commodity Exchange Act (Act) and the rules and regulations adopted by the Commission thereunder (Regulations). These include investigating suspected violations of said statute, rules, and regulations, conducting administrative proceedings before the Commission itself, and conducting civil actions in federal district courts including injunctive and subpoena enforcement actions.

This position is located in the Office of the General Counsel (OGC). OGC represents the Commission in the U.S. District Courts, Bankruptcy Courts, Courts of Appeals, and various administrative bodies including the Equal Employment Opportunity Commission, Merit Systems Protection Board, and Federal Service Impasses Panel. It also assists the Solicitor General in representing the Commission before the U.S. Supreme Court. OGC litigation staff represents the Commission in appeals of enforcement actions, challenges to agency actions, derivatives-industry bankruptcies, employment lawsuits, other administrative litigation, and as amicus curiae in a range of matters.

The Branch reviews draft regulations, releases, and other proposed agency actions for litigation risk, including but not limited to compliance with the Administrative Procedures Act and Commodity Exchange Act (CEA) provisions such as the requirement that the Commission consider the costs and benefits of many of its actions. The Branch advises the Commission on its adjudication function. The Commission hears appeals in administrative cases arising from its reparations program and from certain exchange or National Futures Association decisions. The Branch reviews the appeals, makes recommendations to the Commission, and drafts opinions and orders.

At the full performance level, the duties may include:

• Investigating suspected violations of the Act and Regulations by taking investigative testimony, interviewing witnesses, acquiring and reviewing documentary information, and analyzing the evidence to determine whether violations of the Act and Regulations have occurred;
• Litigating all phases of CFTC enforcement actions against defendants in U.S. District Courts including writing federal court complaints and Commission litigation recommendation memoranda; propounding and responding to written discovery; taking and defending depositions; researching, writing and arguing motions before federal district court judges; and representing the CFTC at trials and other proceedings;
• Engaging in cooperative enforcement by working in parallel with other federal and state regulatory agencies including, among others, the Department of Justice and the Securities and Exchange Commission;
• Reviews draft regulations, releases, and other proposed agency actions for litigation risk, including but not limited to compliance with the Administrative Procedures Act and Commodity Exchange Act (CEA) provisions such as the requirement that the Commission consider the costs and benefits of many of its actions; and
• Advises the Commission on its adjudication function and reviews the appeals, makes recommendations to the Commission, and drafts opinions and orders.

To qualify at each grade level, you must have the following:

CT-11: You must have a J.D. and/or LLM equivalent Degree, bar membership and one year of relevant legal practice experience, acquired after being admitted to the bar, commensurate with the duties and responsibilities of a legal position. Relevant experience is defined as an attorney, law clerk, or other legal experience which was obtained subsequent to graduation from law school.

Qualifying experience may include: demonstrating practical writing and communication skills; assisting in the investigation process; preparing documents for review; applying legal research skills; knowledge of the Federal Rules of Civil Procedure and Federal Rules of Evidence; assisting senior attorneys in depositions; and assisting senior attorneys in preparation for and conducting trials in federal court.

CT-12: You must have a J.D. and/or LLM equivalent Degree, bar membership and two years of relevant legal practice experience, acquired after being admitted to the bar, commensurate with the duties and responsibilities of a legal position. Relevant experience is defined as an attorney, law clerk, or other legal experience which was obtained subsequent to graduation from law school.

Qualifying experience may include: demonstrating excellent writing and critical thinking skills; interviewing witnesses; participating in investigations; preparing document requests; reviewing documents; researching and writing legal memoranda and litigation documents; knowledge of the Federal Rules of Civil Procedure and Federal Rules of Evidence; engaging in all aspects of discovery; deposition preparation; conducting or assisting senior attorneys in depositions; and assisting senior attorneys in preparation for and conducting trials in federal court.

Selections may be made at either grade level.